MARTINEZ v. KAUFMAN-KANE REALTY


74 Misc.2d 341 (1973)

Roulmaldo Martinez, an Infant by His Mother and Natural Guardian, Rosa Martinez, et al., Plaintiffs, v. Kaufman-Kane Realty Co., Inc., Defendant.

Supreme Court, Trial Term, Bronx County.

April 4, 1973


Attorney(s) appearing for the Case

J. Robert Morris and William H. Morris for defendant. Levidow & Levidow (Jacob Fuchsberg of counsel), for plaintiff.


WILLIAM J. DROHAN, J.

The defendant moved to dismiss the cause of action at the end of the infant plaintiff's proof and again after the whole case.

The witnesses for the plaintiff made a showing, prima facie, that there was a duty owed him. The testimony and exhibits demonstrated there was an apparent failure to properly maintain the defendant's premises. It was also evidenced that the defendant failed...

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